CO129-227 - Acting Governor Marsh - 1886 [6] — Page 101

foreigners with the most licited knowledge

of English. The jury consists of seven persons,

and verdicts are

criminal

given by a majority.

Jurors, including

former

a

custom, cases

the Common

by the

contrary of unvider

foreigners is by his early

lo

All

unviders Now

education

light to expect that the prosecution will put the

CARE

: before him supplemented.

and strengthened by the statement and consideration of the Criminal. Something therefore appears to their minds to be

It is true that there is an

wanting. Ordinarily in force in this Colony, N. 18 of 18/3, for the oral examination of prisoners,

but since the diction of the late Chief Justice, Sir John Smate, that he would

never use it, unless he thought

31.

99

of the prisoner, it has been little used. Several Postsignere are Judges; by the laws of their country capital punishment is not allowed. The effect on them of a speech similar to that made by the Court for the deferral

in the last case

of worden, may be easily imagined. Gentlemen of the Jury "... that you

eure

treflect.

will pause and,

" before by your

verdict

you consign.

this unfortunate prisoner to an ignominiour death by hanging

"the

scaffold."

(b) Too much stress is permitted

to be laid on

the

evidence discrepancies between shown in the depositions

taken at the Magistracy and that

given at the Supreme Court. Nothing

could

extract ... sor

nothing for

the benefit

to store

Concerne the

simple than the Conversel

for